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U.S. v. Schaefer, No. 95-2836 (7th Cir.) (107 F.3d 1280) (March 3, 1997) (Judge John L. Coffey)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Schaefer, No. 95-2836 (7th Cir.) (107 F.3d 1280) (March 3, 1997) (Judge John L. Coffey) by

U.S. v. Arnold, No. 96-1174 (3rd Cir.) (106 F.3d 37) (February 4, 1997) (Judge Richard L. Nygaard)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Arnold, No. 96-1174 (3rd Cir.) (106 F.3d 37) (February 4, 1997) (Judge Richard L. Nygaard) by One of the issues raised in this case is the increasingly important question: what standard of proof applies at sentencing to support a charge of obstruction of justice under U.S.S.G. § 3C1.1? …

U.S. v. Shonubi, No. 95-1249, No. 116 (2nd Cir.) (103 F.3d 1085) (January 6, 1997) (Judge Jon O. Newman)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Shonubi, No. 95-1249, No. 116 (2nd Cir.) (103 F.3d 1085) (January 6, 1997) (Judge Jon O. Newman) by This is an important decision concerning the quantity of drugs that may be attributed to a defendant for purposes of sentencing under the "relevant conduct" provisions of the Sentencing Guidelines. …

U.S. v. Ballistrea, No. 95-1578, No. 56 (2nd Cir.) (101 F.3d 827) (November 25, 1996) (Judge Jon O. Newman)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ballistrea, No. 95-1578, No. 56 (2nd Cir.) (101 F.3d 827) (November 25, 1996) (Judge Jon O. Newman) by Case held that the broad sweep of the second prong of § 371 did not require proof that defendant had any contact with Government agency he defrauded. Judge Friendly once …

U.S. v. Ruggiero, No. 94-1540, No. 1844 (2nd Cir.) (100 F.3d 284) (November 19, 1996) (Judge John M. Jr. Walker)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ruggiero, No. 94-1540, No. 1844 (2nd Cir.) (100 F.3d 284) (November 19, 1996) (Judge John M. Jr. Walker) by Here the Court explained that the preponderance of evidence standard is adequate for most sentencing decisions, but acknowledged that at some undefined point along the "continum of sentence severty" …

Crawford-El v. Britton, No. 94-7203 (D.C. Cir.) (93 F.3d 813) (August 27, 1996) (Judge Stephen F. Williams)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Burden of Proof

Crawford-El v. Britton, No. 94-7203 (D.C. Cir.) (93 F.3d 813) (August 27, 1996) (Judge Stephen F. Williams) by

U.S. v. Gigante, No. 93-1260(l), No. 381 (2nd Cir.) (94 F.3d 53) (August 26, 1996) (Judge Ralph K. Jr. Winter)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Preponderance of Evidence Standard

U.S. v. Gigante, No. 93-1260(l), No. 381 (2nd Cir.) (94 F.3d 53) (August 26, 1996) (Judge Ralph K. Jr. Winter) by Although the Second Circuit, in this case, confirmed the general proposition that a sentencing court may increase a defendant's sentence for unconvicted conduct based on proof by a preponderance …

U.S. v. Flores, No. 94-30328 (9th Cir.) (93 F.3d 587) (August 19, 1996) (Judge Jr. William C. Canby)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Flores, No. 94-30328 (9th Cir.) (93 F.3d 587) (August 19, 1996) (Judge Jr. William C. Canby) by This is one of those rare cases in which a Court of Appeals reversed a decision by a district court to deny the defendant a sentence reduction for acceptance of responsibility …

U.S. v. Dinome, No. 94-1476, No. 586 (2nd Cir.) (86 F.3d 277) (June 11, 1997) (Judge J. Daniel Mahoney)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Dinome, No. 94-1476, No. 586 (2nd Cir.) (86 F.3d 277) (June 11, 1997) (Judge J. Daniel Mahoney) by If they really want you in jail, they will never give up! In his concurring opinion, Judge Oakes described this long running case against Wayne Hellman as an "inherent inequity". …

U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins) by Here the court emphasized that defendant is eligible for § 3E1.1 reduction only if he accepts responsibility for his criminal conduct - and that defendant's denial of "willful" violation of the law …

U.S. v. Martinez, No. 95-1511 (1st Cir.) (83 F.3d 488) (April 24, 1996) (Judge Frank M. Coffin)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Martinez, No. 95-1511 (1st Cir.) (83 F.3d 488) (April 24, 1996) (Judge Frank M. Coffin) by Court affirmed the proposition that if the court finds that the defendant had either the intent or capacity to deliver the full amount of drugs under negotiation, then that amount must be …

U.S. v. Lindia, No. 95-2200 (1st Cir.) (82 F.3d 1154) (April 18, 1996) (Judge Norman H. Stahl)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Lindia, No. 95-2200 (1st Cir.) (82 F.3d 1154) (April 18, 1996) (Judge Norman H. Stahl) by The defendant in this case protested the attribution to him of 150 pounds of marijuana for sentencing purposes, arguing that the 150 pound lot never existed and was not the object of …

U.S. v. Howard, No. 94-3905 (7th Cir.) (80 F.3d 1194) (April 5, 1996) (Judge Ilana Diamond Rovner)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Howard, No. 94-3905 (7th Cir.) (80 F.3d 1194) (April 5, 1996) (Judge Ilana Diamond Rovner) by The Court stated: "Estimates of the drug quantities attributable to the defen- dant are permissible, of course, so long as they are based on evidence possessing sufficient indicia of reliability and not …

U.S. v. Smith, No. 94-3123 (10th Cir.) (81 F.3d 915) (February 7, 1996) (Judge Deanell R. Tacha)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Smith, No. 94-3123 (10th Cir.) (81 F.3d 915) (February 7, 1996) (Judge Deanell R. Tacha) by The defendant in this case was sentenced and his sentence was enhanced two levels for obstruction of justice, pursuant to U.S.S.G. § 3C1.1, premised on what the court considered to be perjured …

U.S. v. Young, No. 95-1746 (1st Cir.) (78 F.3d 758) (March 21, 1996) (Judge Juan R. Torruella)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Young, No. 95-1746 (1st Cir.) (78 F.3d 758) (March 21, 1996) (Judge Juan R. Torruella) by Here the Court held that to be entitlerd to an instruction on entrapment, the defendant must present hard evidence of some improper "inducement" - which consists of an apportunity plus something else …

U.S. v. Brothers, No. 95-1303 (3rd Cir.) (75 F.3d 845) (February 1, 1996) (Judge H. Lee Sarokin)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Brothers, No. 95-1303 (3rd Cir.) (75 F.3d 845) (February 1, 1996) (Judge H. Lee Sarokin) by Case noted that special scrutiny must be given to the quantity of drugs charged to a defendant because it usually will be the single most important determinant of a defendant's sentence. Citing …

U.S. v. Robinson, No. Crim. No. 2:95-00051-02 (S.D.W.Va.) (912 F.Supp. 212) (January 12, 1996) (Judge Charles H. II Haden)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Robinson, No. Crim. No. 2:95-00051-02 (S.D.W.Va.) (912 F.Supp. 212) (January 12, 1996) (Judge Charles H. II Haden) by In this multi-issue case, the court rejects the defendant's request for any sentence reduction based on "acceptance of responsibility" under U.S.S.G. § 3E1.1 noting that "a defendant who falsely denies …

Nichols v. U.S., No. 94-2104 (7th Cir.) (75 F.3d 1137) (January 26, 1996) (Judge John L. Coffey)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Burden of Proof

Nichols v. U.S., No. 94-2104 (7th Cir.) (75 F.3d 1137) (January 26, 1996) (Judge John L. Coffey) by Case held that defendant was entitled to an evidentiary hearing on the quantity of drugs because the district court failed to make the required explicit findings.

U.S. v. Townsend, No. 95-1985 (7th Cir.) (73 F.3d 747) (January 11, 1996) (Judge Kenneth F. Ripple)

Article • February 1, 1996 • from P&J February, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Townsend, No. 95-1985 (7th Cir.) (73 F.3d 747) (January 11, 1996) (Judge Kenneth F. Ripple) by The defendant in this case was granted a two point departure for "acceptance of responsibility" under U.S.S.G. § 3E1.1, but the sentencing judge refused to allow the third point permitted under subsection …

U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby) by Case rejected finding of obstruction of justice due to lack of evidence in the record to support such a finding.